While the state did not license medicinal cannabis dispensaries until 2018, Hawaii was one of the first nations to legalize medical cannabis back in 2000. Despite a number of recent efforts—namely an adult-use cannabis bill that stalled last year and failed to receive a hearing in the house before the legislative deadline passed—the state has yet to legalize recreational cannabis.
Though, it appears Senate Democrats still have cannabis on their minds as the Senate majority shared their priorities for the 2024 legislative session, and cannabis legalization indeed made the list. Amidst a number of other issues centered on emergency preparedness, workforce development, education, natural resources and housing, cannabis is mentioned under a section surrounding economic development and infrastructure.
“The Senate remains committed to diversifying and expanding Hawai‘i’s economy, as well as improving infrastructure throughout the State,” the section starts. It mentions “investing in emerging industries to diversify the economy” before explicitly referencing “legalizing adult-use recreational cannabis” at the very end of the section.
It’s one of several recent notions suggesting that state leaders are invested in finally ushering in adult-use cannabis in Hawaii.
Back in November, Hawaii Attorney General Anne Lopez released a new plan to legalize adult-use cannabis. The proposal is similar to Massachusetts’ legalization model and includes a social equity program meant to address the harms caused by the cannabis prohibition measures of the past.
Earlier this month, Lopez clarified that her office does not support legalizing cannabis for adult use, though she also said the office will not actively work to oppose reform either, so long that the measures contain a number of “key elements.”
“The Department of the Attorney General does not support the legalization of adult-use cannabis,” Lopez said. “We acknowledge that with changing public perception in recent years, the odds that the Legislature may pass legislation legalizing adult-use cannabis have increased substantially. Given that the Legislature could theoretically pass a bill as early as this year, it is my department’s duty to warn the Legislature of the risks, while simultaneously providing a framework that includes robust public-safety and public-health safeguards.”
The announcement came alongside a revised 315-page draft bill for cannabis legalization along with a 38-page report outlining other issues related to legalization.
Lopez said that the draft bill is not “the Department of the Attorney General’s cannabis bill.” Rather, she said that the bill was prepared to give the Legislature an option to consider, one with public safety and public health protections at the forefront.
“Should the Legislature decide to legalize adult-use cannabis, the draft bill represents our best judgment about how to promote a legal market, minimize risks of societal harm, mitigate damage that does come to pass, avoid liability, and provide workable tools and substantial resources for law enforcement and public-health officials to promote the public welfare,” Lopez continued.
A number of legislators and Lopez have suggested that 2024 is the year that Hawaii legalizes recreational cannabis. During a confirmation hearing last year, Lopez said, “I’ve changed our position from opposition to ‘that train has left the station.’”
Under the plan, there would be a 4.25% excise tax on adult-use cannabis along with a 10% surcharge (which would not apply to medical cannabis purchases). Revenues would go directly toward enhancing law enforcement resources and education programs to protect young people.
The plan would also establish a 14-member law enforcement unit to help ensure the program is compliant with Hawaii’s cannabis legalization laws, and the industry would be regulated by a new agency, the Hawaii Cannabis Authority.
Should the plan pass, retail sales of adult-use cannabis would not begin until 18 months after the proposal becomes law.
